The College of Law at the University of Baghdad Discusses a Doctoral Dissertation on the Theory of Contract Rescue
The college of Law at the University of Baghdad discussed the doctoral dissertation titled “The Theory of Contract Rescue – A Comparative Study with Islamic Jurisprudence”, submitted by the student Yassin Jumaa Mohammed, in the Private Law, on Wednesday, April 30, 2025, in the college’s conference hall.
The examination committee was composed of the following members:
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Prof. Dr. Jalil Hassan Bshat – Chairman
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Prof. Dr. Haider Faleh Hassan – Member
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Prof. Dr. Ali Muttashar Abdul Sahib – Member
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Prof. Dr. Shurooq Abbas Fadel – Member
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Asst. Prof. Dr. Sameera Hussein Muhaysin – Member
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Prof. Dr. Hameed Sultan Ali – Member and Supervisor
🔵 Dissertation Objective:
The dissertation aimed to develop a legal framework for addressing the issue of contract rescue by examining the position of the Iraqi Civil Code, comparative legal systems, legal scholarship, Islamic jurisprudence, and judicial rulings on the subject.
🟣 Dissertation Structure:
The dissertation consisted of four chapters:
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Chapter One explored the concept of contract rescue.
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Chapter Two addressed the scope of the theory and its justifications.
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Chapter Three examined the methods of contract rescue during the formation stage.
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Chapter Four discussed the methods of contract rescue during the performance stage.
🟤 Key Recommendations:
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The dissertation recommended that the Iraqi legislature gradually adopt contract rescue as a principle by introducing alternative remedies and limiting the use of nullification and termination. It called for clear and explicit legal provisions outlining mechanisms for contract rescue, potentially incorporated into the Civil Code.
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Expanding the authority of judges to impose compensation on the harmed party instead of resorting to nullification.
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Prioritizing solutions that support the continuation and rescue of contracts over those that lead to their invalidation.
